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BLUEMOTH WEBSITE TERMS OF USE

Date of Last Update: March 31, 2023

Hi there, and welcome to BLUEMOTH! The following Terms of Use oversee the website www.bluemothhearing.com as well as our affiliated and successor websites, and corresponding social media pages (we will collectively refer to these as the “Sites”). Before using our services, we want to ensure proper understanding and expectations – so please read through these Terms of Use and the associated, , and other notices from Us. We will do our best to keep this Terms of Use short, sweet and to the point.

To keep things safe and legal for everyone, persons under the age of eighteen (18) years of age are not permitted to use the Sites, establish an account, and/or provide any information to us. In the event we learn such use, account, and/or information has been provided to the Sites, we will immediately delete that information from the Sites and terminate the corresponding account, if any.

Your use of our Sites, products, and/or services, as well as our supplying of those products and/or services creates an agreement between you and BLUEMOTH. Therefore, by accessing, viewing, using, and/or registering within the Sites, you agree to be bound by and abide by these Terms of Use.

As these are legally binding terms, please ensure you understand them fully. Of course, feel free to reach out should you have any questions by contacting us at support@bluemothhearing.com.

  1. BLUEMOTH LLC (“BLUEMOTH”, “we”, “us”, and “our”) OWNERSHIP AND USE OF CONTENT

BLUEMOTH owns or is otherwise licensed to use all parts of our Sites. Items such as copy, software, graphics, photographs, videos, audio, music, designs and all copyrights, trademarks, trade names, logos, and other intellectual property or proprietary rights are authorized for use by BLUEMOTH. We are also allowed to use and display content from our third parties subject to these Terms of Use. Basically, if it’s on our site, we’ve got the right to use it.

These Terms of Use allow you to enjoy our Sites’ content for your personal, non-commercial use only. By using the Sites, you agree to be respectful and appropriate with our content (let’s not copy, distribute, modify, make derivative works of, publicly display, publicly perform, republish, download, store or transmit any materials from the Sites). To keep the lawyers happy, this means:

  • none of the material contained on the Sites may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of BLUEMOTH;
  • no copyright, trademark, or other proprietary rights notices on materials from the Sites may be deleted or altered.
  1. To keep with the theme of safe and legal, our Sites may not be used for purposes that are in violation of any applicable laws or regulations, or are contrary to these Terms of Use. By using or having access to the Sites, you agree not to upload, transmit or distribute any computer viruses, worms, malware or any other software intended to damage or alter any software, data, computer, device or communications network. Thanks for helping keep us safe too!
  2. We love engaging with our customers, but please know that by posting any content, comments or other communications on our Sites, or by using BLUEMOTH’s products or services, you agree that you will not engage in unfavorable/inappropriate behaviors. To keep everyone safe, any unlawful, harassing, abusive, threatening, pornographic, discriminatory, false, misleading, obscene, threatening, objectionable, infringing or injurious to others, or post content containing any commercial or political solicitations or slogans, or any forms of unsolicited communications or “spam” will not be tolerated.In essence, if you post on our Sites we are expecting you to be respectful towards others.
  3. When you engage with BLUEMOTH by posting to our Sites (including uploading or providing any information, photos, images, audio, video or other content (the “Content”) you represent and warrant that you are the owner of all right, title, and interest in and to the Content, or have the right and ability to), grant (ok, in English, “give”) BLUEMOTH a worldwide, royalty-free, sublicensable, perpetual and irrevocable right to copy, use, reproduce, publish, display, distribute, modify, exploit and create derivative works of such content, subject to any applicable terms of our  . It boils down to this: when you post Content to our Sites, you give us the right to use it.
  4. BLUEMOTH is meant to be a positive space for all who view our Sites. Therefore, we reserve the right in all cases to remove, edit, or block your postings to the Sites. BLUEMOTH cannot monitor all postings to the Sites at all times, therefore, we assume no responsibility or liability for the content posted by you, or anyone else who uses the Sites. Content not posted by BLUEMOTH has not been vetted or approved by BLUEMOTH, and should not be considered endorsed by BLUEMOTH.
  5. Although we hope this is never necessary, BLUEMOTH reserves the right, without undertaking an obligation, to submit any information provided by you, with or without subpoena, to law enforcement agencies and/or any credit card or other financing company in connection with any fraud investigation. BLUEMOTH reserves the right to cooperate with authorities prosecuting such fraud offenders to the fullest extent of the law.
  6. BLUEMOTH retains all of its ownership and other rights in and to any copyrightable material contained on the Sites or in its products (including all software and user interfaces). Also retained by BLUEMOTH are any and all rights in and to any other BLUEMOTH intellectual property and technology. The only rights or licenses granted to you by BLUEMOTH or any other third party under the Sites or hereunder, are those expressly stated herein.
  7. BLUEMOTH owns exclusively all rights in the BLUEMOTH company name or its products’ names, its service marks, trademarks, logos and product designs and packaging and you may not use or display any of the foregoing without BLUEMOTH’s prior written consent.
  8. Subject to the Terms and Conditions of Sale, our , and applicable law, information collected on or through the Sites is owned by BLUEMOTH, and may be disclosed by BLUEMOTH.
  9. In order to best serve you when you request information about or order our products, you will be required to provide specific information about yourself and your hearing. All information about you will be subject to our and must be correct, current and complete. You may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Sites or portions of it using your username, password, or other security information. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We may suspend or terminate your access at any time with or without notice.
  10. We may modify or discontinue the Sites, with or without notice to you, and we will not be liable to you or any third party as a result of such modification or discontinuation.
  11. You do not have rights to any unsolicited ideas that you provide to BLUEMOTH including without limitation suggestions about advertising, promotion or merchandising of our products, additions, improvements or enhancements to our product lines, services, or changes in methods of doing business. If you submit an unsolicited idea to the Sites and/or BLUEMOTH, you understand and acknowledge that such idea is not submitted in confidence and BLUEMOTH assumes no obligation, expressed or implied, by considering it. You further understand that BLUEMOTH shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that you hereby irrevocably assign such unsolicited idea to BLUEMOTH. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant BLUEMOTH an irrevocable, perpetual, world-wide license to use the unsolicited idea in any manner, in any medium now known or hereafter developed, without compensation to you. Wow, that was a mouthful and, sorry, but the lawyers made us include this.
  12. Materials may be made available on the Sites by third parties who are not within our control and for whom we are not responsible. However, we respect the copyrights of others. Therefore, it is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Sites and to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others. If you believe any materials on the Sites infringe a copyright you own, you should provide us with written notice of such infringement. Sorry, not the lawyers this time, but the Digital Millennium Copyright Act (“DMCA”) requires the following information be included in all DMCA notices so we can act on and report the notice properly:
  • An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
  • A description of the copyrighted work you claim has been infringed, for example, the title of the work, description, and Copyright Registration number.
  • Where the alleged infringed copyrighted work is on the Sites, which, at a minimum, can include the URL of each occurrence of the work on the Sites.
  • Your name, address, telephone number, and email address.
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

This notice should be sent to our designated BLUEMOTH contact at the following email and/or regular mail addresses:

Email: support@BLUEMOTHhearing.com

Mail: Bluemoth LLC
Attn: DMCA Notices
12819 SE 38th St, #11
Bellevue, WA 98006

IMPORTANT NOTE: The preceding DMCA Notice information is provided exclusively for notifying BLUEMOTH that your copyrighted material may have been infringed. All other inquiries will not receive a response through this process.

  1. Notices; Modification and Termination of Services; Amendment of the Terms. BLUEMOTH reserves the right to make changes to the Terms of Use at any time by posting revised terms directly to this page. Amendments to the Terms of Use are effective when posted, and the date on which the Terms of Use was last revised is identified at the top of this page. IT IS YOUR RESPONSIBILITY TO MONITOR AND REVIEW UPDATES AND AMENDMENTS TO THE TERMS OF USE. YOUR CONTINUED USE OF ANY OF THE SITES AFTER THE POSTING OF UPDATES AND AMENDMENTS WILL BE DEEMED ACCEPTANCE OF ANY AND ALL CHANGES TO THE TERMS OF USE.

BLUEMOTH reserves the right at any time, in its sole discretion, to modify, suspend, withdraw, or terminate the Sites or any services provided through the Sites (or any part thereof), and/or your use of, or access to, the Sites, with or without notice. We may also delete, restrict, or prohibit your access to, and/or use of, the Sites, in whole or in part, including if you are a registered user.

BLUEMOTH will not be liable to you or any third party if, for any reason, all or any part of the Sites are unavailable at any time or for any period of time. We will not be liable for any modification, suspension, withdrawal, or termination of the services or content provided through the Sites, or for the loss of any related information.

If you are dissatisfied with the services provided through the Sites, your sole and exclusive remedy is to discontinue your use of the Sites.

  1. Geographic Restrictions. BLUEMOTH is a Washington limited liability company with a principal place of business in Bellevue, Washington. BLUEMOTH makes no representation that the Sites, the content of the Sites, or the services available through the Sites are appropriate for, or accessible to, users outside of the United States, or in all locations within the United States. Specifically, BLUEMOTH is licensed to do business in a select number of States and complies with all state specific legal notice requirements and state-specific terms and conditions via the following link: https://bluemothhearing.com/service-area/. and you are required to affirmatively consent that you have read and accept the state-specific terms and conditions that are applicable to you. Therefore, if you are not located in one of the states in which BLUEMOTH is licensed to do business, do not use this website.

However, if are not located in one of the states in which BLUEMOTH is licensed to do business and you access the Sites from such a state or from outside the United States, you do so on your own initiative, and are responsible for compliance with all applicable laws in the jurisdiction from which you view, access, and/or use the Sites.

BLUEMOTH, and our Sites, are based in the United States and, regardless of where you view, access, or use our Sites, any information collected as part of that access or use will be transferred to and maintained on servers located in the United States. Any information we obtain about you will be stored in accordance with U.S. privacy laws, regulations, and standards, which may not be equivalent to the laws in your jurisdiction of residence or the location where you are viewing, accessing, or using the Sites. By accessing and/or using our Sites, you consent to the capture, collection, transfer, transmission, storage, processing, and use your information in and to the United States.

  1. 16. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT YOUR USE OF THE SITES, CONTENT, THIRD-PARTY CONTENT, LINKS, AND THIRD-PARTY SITES IS AT YOUR SOLE RISK. THE SITES, CONTENT, THIRD-PARTY CONTENT, LINKS, AND THIRD-PARTY SITES AND RELATED SERVICES AND FEATURES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES AS TO: (I) MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NONINFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; (II) RESULTS TO BE DERIVED FROM THE USE OF THE SITES; (III) WHETHER THE CONTENT AND THIRD-PARTY CONTENT IS TRUE, COMPLETE, ACCURATE, NON-MISLEADING, OR TIMELY; AND (IV) THE ABSENCE OF ANY VIRUSES OR OTHER HARMFUL CODE IN THE SITES, CONTENT, AND THIRD-PARTY CONTENT. WE DO NOT REPRESENT, COVENANT, OR WARRANT THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

REFERENCE TO ANY PRODUCT OR SERVICE OF ANY THIRD PARTY DOES NOT CONSTITUTE OR IMPLY ITS ENDORSEMENT OR RECOMMENDATION BY BLUEMOTH. THE VIEWS AND OPINIONS OF USERS OF THE SITES DO NOT NECESSARILY STATE OR REFLECT THE VIEWS AND OPINIONS OF BLUEMOTH.

  1. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, BLUEMOTH AND ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, EMPLOYEES, AGENTS, MEMBERS, OFFICERS, DIRECTORS, AND OTHER REPRESENTATIVES, (ALL OF THE FOREGOING BEING COLLECTIVELY, “BLUEMOTH PARTIES”), DISCLAIM AND WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS OR OTHER ECONOMIC ADVANTAGE) (“DAMAGES”) ARISING OUT OF OR IN CONNECTION WITH THE SITES, OR THE CONTENT OF THE SITES, EVEN IF BLUEMOTH HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE SITES, ANY WEBSITE, SOCIAL MEDIA CHANNELS, OR APPLICATIONS LINKED TO THE SITES, ANY CONTENT ON THE SITES, OR SUCH OTHER WEBSITES, SOCIAL MEDIA CHANNELS, OR APPLICATIONS LINKED TO SUCH CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES, OR THROUGH SUCH OTHER WEBSITES, SOCIAL MEDIA CHANNELS, OR APPLICATIONS LINKED TO THE SITES ; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM THE SITES; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BLUEMOTH PARTIES’ AGGREGATE LIABILITY FOR ANY DAMAGES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL BE LIMITED TO AN AMOUNT NEVER TO EXCEED THE GREATER OF (i) FIVE HUNDRED DOLLARS ($500); OR (ii) THE AMOUNTS ACTUALLY PAID BY YOU TO BLUEMOTH FOR ANY SUCH PRODUCTS OR SERVICES.
  2. Monitoring and Enforcement; Termination. BLUEMOTH has the right to:
  • Disclose your identity or other information about you to a third party who, in our sole discretion, reasonably claims that material posted by you violates the third party’s rights, including his, her or its intellectual property rights or privacy rights.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites and/or the content of the Sites.
  • Terminate or suspend your access to all or part of the Sites for any or no reason, including without limitation, any violation of these Terms of Use.
  • Fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites.
  • Remove or refuse to post any user contribution for any or no reason in the sole discretion of BLUEMOTH.
  • Take any action with respect to any user contribution that BLUEMOTH deems necessary or appropriate in our sole discretion.

FOR THE SAKE OF CLARITY, BLUEMOTH DOES NOT REVIEW ALL, IF ANY, USER CONTRIBUTIONS/CONTENT/POSTS/MATERIALS BEFORE SUCH CONTENT IS POSTED ON THE SITES. BLUEMOTH CANNOT ENSURE THE PROMPT REMOVAL OF OBJECTIONABLE MATERIAL AFTER IT HAS BEEN POSTED. ACCORDINGLY, BLUEMOTH ASSUMES NO LIABILITY FOR ANY ACTION OR INACTION REGARDING THE POSTING, TRANSMISSION, COMMUNICATION, STORAGE, OR USE OF CONTENT PROVIDED BY ANY USER OR THIRD PARTY. BLUEMOTH ASSUMES NO LIABILITY OR RESPONSIBILITY TO ANY INDIVIDUAL, INDIVIDUALS, ENTITY, OR ENTITIES FOR THE PERFORMANCE OR NONPERFORMANCE OF THE POTENTIAL BUT NOT REQUIRED OR GUARANTEED ACTIVITIES OF BLUEMOTH OUTLINED ABOVE.

  1. Indemnification by You. You agree to defend, indemnify, and hold harmless BLUEMOTH and the other BLUEMOTH Parties from and against any and all Damages arising from, incurred as a result of, or in any manner related to (i) your user contributions or other content posted by you; (ii) your use of or connection to the Sites (including any use by you on behalf of your employer and any use by third parties under your accounts); (iii) your use of Site content; and/or (iv) your violation of the Terms of Use. BLUEMOTH may participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect BLUEMOTH’S rights or obligations shall be made without our prior written approval. BLUEMOTH reserves the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action; in such case your corresponding indemnification obligation will end.
  2. Links and Third Party Services. The Sites may contain links to other sites, applications, and resources provided by third parties. You acknowledge and agree that (a) BLUEMOTH is not responsible for the availability of such external sites or resources, (b) all links and identifications are provided solely for your convenience and for other informational purposes, and (c) BLUEMOTH does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites, resources, or medical professionals or their affiliations.
  3. Errors, Inaccuracies, and Omissions on Sites. Occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. BLUEMOTH reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Sites or on any related Sites is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information on the Site or on any related Sites, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related Site, should be taken to indicate that all information on the Site or on any related Site has been modified or updated.

  1. Entire Agreement. The Terms of Use and any documents expressly incorporated herein (including, without limitation, the Terms and Conditions of Sale and the Privacy Policy) constitute the entire agreement between you and BLUEMOTH relating to their subject matter, and cancel and supersede any prior versions of the Terms of Use and any other prior or contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Sites. No modification to the Terms of Use will be binding on BLUEMOTH, unless in writing and signed by an authorized BLUEMOTH representative or posted by BLUEMOTH to the Sites. You may not assign, sublicense, delegate, or otherwise transfer the Terms of Use or any right granted hereunder.
  2. Survival. Rights and obligations under the Terms of Use, which by their nature should survive will remain in full effect after termination or expiration of the Terms of Use.
  3. No Waiver. No waiver by BLUEMOTH or failure to exercise promptly any right of BLUEMOTH under the Terms of Use will create or be deemed to create a further or continuing waiver or any expectation of non-enforcement.
  4. Severability. If any provision of the Terms of Use is held invalid, illegal or unenforceable for any reason by any law or regulation of any government, or by any court or arbitrator, such provision shall be replaced with a new provision that accomplishes the original business purpose, or eliminates or limits the invalidity, illegality or unenforceability to the minimum extent necessary, and the other provisions of the Terms of Use will remain in full force and effect.
  5. Contact Information. You may send your general questions regarding the Sites to the contact listed below:

BLUEMOTH
12819 SE 38th St, #11
Bellevue WASHINGTON 98006
Attn: Website

Email: support@bluemothhearing.com

  1. Choice of Law and Forum Selection. The Terms of Use and all matters relating hereto or to the Sites shall for all purposes be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of Washington, United States, without regard to conflicts of law provisions thereof. Any disputes or controversies shall be decided by a state or federal court serving King County, Washington, United States. You expressly consent to the exercise of personal jurisdiction by such courts and agree that you will not object to jurisdiction of or venue in such courts on the grounds of lack of personal jurisdiction, forum non conveniens, or otherwise.
  2. Equitable Relief. You agree that any material breach of these Terms of Use will result in irreparable harm to BLUEMOTH for which Damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, BLUEMOTH will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if BLUEMOTH seeks such an injunction.

Copyright © 2024 BLUEMOTH. All rights reserved.

12819 SE 38th St #11, Bellevue WA 98006

(855) 854-6684

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